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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to ethics requirements for public 2
officials; amending s. 99.061, F.S.; requiring 3
candidates for specified elective offices to file a 4
full and public disclosure at the time of qualifying; 5
authorizing candidates to file a certain verification 6
or receipt with the qualifying officer unless certain 7
conditions exist; conforming provisions to changes 8
made by the act; amending s. 112.3142, F.S.; revising 9
legislative intent; requiring commissioners of 10
community redevelopment agencies to complete annu al 11
ethics training; exempting commissioners who assumed 12
office after a specified date from completing the 13
required annual ethics training for that calendar 14
year; reenacting and amending s. 112.3144, F.S.; 15
requiring specified local officers to file full and 16
public disclosures; requiring the Commission on Ethics 17
to accept federal income tax returns and any 18
attachments or schedules for a specified purpose; 19
deleting the prohibition on including a federal income 20
tax return or a copy thereof for certain filings; 21
requiring the commission to allow a filer to include 22
attachments and other supporting documentation with 23
his or her disclosure; revising the notice the 24
commission sends to specified persons by e -mail; 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requiring that disclosure statements be filed using 26
the commission's electronic filing system; revising 27
the deadline for disclosures to be received by the 28
commission; deleting provisions relating to financial 29
statements filed by mail; revising a provision 30
requiring the commission to adopt a specified rule; 31
requiring an individual appointed to replace an 32
elected local officer who leaves office before the end 33
of his or her term to file a full and public 34
disclosure of financial interests annually for the 35
remainder of his or her term in office; amending s. 36
112.31445, F.S.; requiring the commission to publish a 37
specified notice on the electronic filing system for 38
the disclosure of financial interests; requiring that 39
the filing system allow a filer to include attachments 40
and other supporting documentation; amending s. 41
112.31446, F.S.; requiring that the electronic filing 42
system allow a filer to submit attachments and other 43
supporting documentation when a disclosure is filed; 44
reenacting and amending s. 112.3145, F.S.; deleting a 45
prohibition on including a federal income tax return 46
or copy thereof in a financial disclosure; deleting a 47
provision requiring specified local officers to file 48
reports with the supervisor of elections of the 49
officer's county of principal employment or residence; 50
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requiring local officers to file t heir quarterly 51
reports of the names of clients they represent for a 52
fee or commission with the commission; deleting a 53
provision requiring the commission to provide a 54
specified list to the supervisors of elections; 55
requiring the commission to allow a filer to include 56
attachments or other documentation when filing a 57
disclosure; deleting a provision requiring the 58
commission to provide the supervisors of elections a 59
certain list annually by a specified date; requiring 60
the commission to provide a certain notice by e-mail, 61
beginning on a specified date; providing that, 62
beginning on a specified date, paper forms will no 63
longer be provided; requiring the commission, before a 64
specified date, to determine which persons have not 65
submitted a required statement and to se nd delinquency 66
notices to such persons; requiring that disclosure 67
statements be filed using the electronic filing 68
system, beginning on a specified date; revising the 69
criteria for a rule that the commission must adopt 70
regarding the electronic filing of disc losure 71
statements; requiring the commission to determine the 72
amount of fines for all delinquent filers, beginning 73
on a specified date; conforming provisions to changes 74
made by the act; amending s. 112.317, F.S.; increasing 75
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the maximum civil penalty allowed for certain 76
violations related to statements of financial 77
disclosure; amending s. 112.3215, F.S.; revising 78
lobbying investigation requirements; authorizing the 79
commission to dismiss certain complaints and 80
investigations; requiring the commission to issue a 81
specified public report if the commission dismisses 82
such a complaint or investigation; amending s. 83
112.324, F.S.; revising applicability; requiring the 84
commission to revise financial disclosure forms and 85
rules for the 2022 filing year to conform to chang es 86
made by the act; exempting such revisions from 87
specified rulemaking requirements; providing an 88
effective date. 89
90
Be It Enacted by the Legislature of the State of Florida: 91
92
Section 1. Subsection (5) and paragraph (a) of subsection 93
(7) of section 99.061, Florida Statutes, are amended to read: 94
99.061 Method of qualifying for nomination or election to 95
federal, state, county, or district office. — 96
(5) At the time of qualifying for office, each candidate 97
for a constitutional office , or for another elective office 98
subject to an annual filing requirement pursuant to s. 112.3144, 99
shall file a full and public disclosure of financial interests 100
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pursuant to s. 8, Art. II of the State Constitution, which must 101
be verified under oath or affirmation pursuant to s. 102
92.525(1)(a), and a candidate for any other office, including 103
local elective office, shall file a statement of financial 104
interests pursuant to s. 112.3145. A candidate who is subject to 105
an annual filing requirement under s. 112.3144 may file a 106
verification or receipt of electronic filing pursuant to s. 107
112.3144(4). A candidate who is subject to an annual filing 108
requirement under s. 112.3145 may file a verification or receipt 109
of electronic filing pursuant to s. 112.3145(2)(c) unless the 110
candidate is required to file a full and public disclosure of 111
financial interests pursuant to s. 8, Art. II of the State 112
Constitution or this subsection. 113
(7)(a) In order for a candidate to be qualified, the 114
following items must be received by the filing officer by the 115
end of the qualifying period: 116
1. A properly executed check drawn upon the candidate's 117
campaign account payable to the person or entity as prescribed 118
by the filing officer in an amount not less than the fee 119
required by s. 99.092, unless the candidate obt ained the 120
required number of signatures on petitions pursuant to s. 121
99.095. The filing fee for a special district candidate is not 122
required to be drawn upon the candidate's campaign account. If a 123
candidate's check is returned by the bank for any reason, th e 124
filing officer shall immediately notify the candidate and the 125
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candidate shall have until the end of qualifying to pay the fee 126
with a cashier's check purchased from funds of the campaign 127
account. Failure to pay the fee as provided in this subparagraph 128
shall disqualify the candidate. 129
2. The candidate's oath required by s. 99.021, which must 130
contain the name of the candidate as it is to appear on the 131
ballot; the office sought, including the district or group 132
number if applicable; and the signature of the c andidate, which 133
must be verified under oath or affirmation pursuant to s. 134
92.525(1)(a). 135
3. If the office sought is partisan, the written statement 136
of political party affiliation required by s. 99.021(1)(b); or 137
if the candidate is running without party af filiation for a 138
partisan office, the written statement required by s. 139
99.021(1)(c). 140
4. The completed form for the appointment of campaign 141
treasurer and designation of campaign depository, as required by 142
s. 106.021. 143
5. The full and public disclosure or statement of 144
financial interests required by subsection (5). A public officer 145
who has filed the full and public disclosure or statement of 146
financial interests with the Commission on Ethics before or the 147
supervisor of elections prior to qualifying for offic e may file 148
a copy of that disclosure or a verification or receipt of 149
electronic filing as provided in subsection (5) at the time of 150
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qualifying. 151
Section 2. Paragraph (e) of subsection (2) of section 152
112.3142, Florida Statutes, is amended to read: 153
112.3142 Ethics training for specified constitutional 154
officers, elected municipal officers, and commissioners. — 155
(2) 156
(e) The Legislature intends that a constitutional officer , 157
a commissioner of a community redevelopment agency, or an 158
elected municipal office r who is required to complete ethics 159
training pursuant to this section receive the required training 160
as close as possible to the date that he or she assumes office. 161
A constitutional officer , a commissioner of a community 162
redevelopment agency, or an elected municipal officer assuming a 163
new office or new term of office on or before March 31 must 164
complete the annual training on or before December 31 of the 165
year in which the term of office began. A constitutional 166
officer, a commissioner of a community redevelop ment agency, or 167
an elected municipal officer assuming a new office or new term 168
of office after March 31 is not required to complete ethics 169
training for the calendar year in which the term of office 170
began. 171
Section 3. Notwithstanding the expiration date in section 172
92 of chapter 2022-157, Laws of Florida, paragraph (c) of 173
subsection (6), paragraphs (a) and (c) of subsection (7), and 174
subsections (8) and (10) of section 112.3144, Florida Statutes, 175
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are reenacted and amended, and paragraph (d) is added to 176
subsection (1) of that section, to read: 177
112.3144 Full and public disclosure of financial 178
interests.— 179
(1) 180
(d) Beginning January 1, 2024, the following local 181
officers must comply with the financial disclosure requirements 182
of s. 8, Art. II of the State Constitution and this section: 183
1. Mayors. 184
2. Elected members of the governing body of a 185
municipality. 186
(6) 187
(c) Each separate source and amount of income which 188
exceeds $1,000 must be identified. For the purpose of a filer 189
reporting income, the commission shall accept federal income tax 190
returns. If a filer submits a federal income tax return for the 191
purpose of reporting income, he or she must also include all 192
attachments and schedules associated with such fede ral income 193
tax return Beginning January 1, 2023, a federal income tax 194
return may not be used for purposes of reporting income, and the 195
commission may not accept a federal income tax return or a copy 196
thereof. 197
(7)(a) Beginning January 1, 2023, a filer may not include 198
in a filing to the commission a federal income tax return or a 199
copy thereof; a social security number; a bank, mortgage, or 200
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brokerage account number; a debit, charge, or credit card 201
number; a personal identification number; or a taxpayer 202
identification number. If a filer includes such information in 203
his or her filing, the information may be made available as part 204
of the official records of the commission available for public 205
inspection and copying unless redaction is requested by the 206
filer. The commission is not liable for the release of social 207
security numbers or bank account, debit, charge, or credit card 208
numbers included in a filing to the commission if the filer has 209
not requested redaction of such information. 210
(c) The commission must conspi cuously post a notice, in 211
substantially the following form, in the instructions for the 212
electronic filing system specifying that: 213
1. Any filer submitting information through the electronic 214
filing system may not include a federal income tax return or a 215
copy thereof; a social security number; a bank, mortgage, or 216
brokerage account number; a debit, charge, or credit card 217
number; a personal identification number; or a taxpayer 218
identification number in any filing unless required by law. 219
2. Information submit ted through the electronic filing 220
system may be open to public inspection and copying. 221
3. Any filer has a right to request that the commission 222
redact from his or her filing any social security number, bank 223
account number, or debit, charge, or credit card number 224
contained in the filing. Such request must be made in writing 225
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and delivered to the commission. The request must specify the 226
information to be redacted and the specific section or sections 227
of the disclosure in which it was included. 228
(8) Forms or fields of information for compliance with the 229
full and public disclosure requirements of s. 8, Art. II of the 230
State Constitution must shall be prescribed by the commission. 231
The commission shall allow a filer to include attachments or 232
other supporting docume ntation when filing a disclosure. The 233
commission shall give notice of disclosure deadlines and 234
delinquencies and distribute forms in the following manner: 235
(a) Not later than May 1 of each year, the commission 236
shall prepare a current list of the names, e -mail addresses, and 237
physical addresses of and the offices held by every person 238
required to file full and public disclosure annually by s. 8, 239
Art. II of the State Constitution, or other state law. Each unit 240
of government shall assist the commission in compi ling the list 241
by providing to the commission not later than February 1 of each 242
year the name, e-mail address, physical address, and name of the 243
office held by such person within the respective unit of 244
government as of December 31 of the preceding year. 245
(b) Not later than June 1 of each year, the commission 246
shall notify by e-mail each person required to file a full and 247
public disclosure of financial interests of all of the 248
following: 249
1. All applicable filing deadlines for completing and 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
filing the full and public disclosure of financial interests 251
prescribed under subsection (3) on the electronic filing system. 252
2. Instructions on how to complete and file the full and 253
public disclosure of financial interests as prescribed by 254
subsection (3) on the electron ic filing system, or how to access 255
such instructions. 256
257
Beginning January 1, 202 3, paper forms may not be provided and 258
each person required to file a full and public disclosure of 259
financial interests must complete and file his or her disclosure 260
on the electronic filing system pursuant to subsection (2) 261
distribute a copy of the form prescribed for compliance with 262
full and public disclosure and a notice of the filing deadline 263
to each person on the list. Beginning January 1, 2022, no paper 264
forms will be provide d by mail. The notice required under this 265
paragraph and instructions for electronic submission must be 266
delivered by e-mail. 267
(c) Not later than August 1 of each year, the commission 268
shall determine which persons on the list have failed to file 269
full and public disclosure and shall send delinquency notices to 270
such persons. Each notice must state that a grace period is in 271
effect until September 1 of the current year. Beginning January 272
1, 2022, The notice required under this paragraph must be 273
delivered by e-mail and must be redelivered on a weekly basis by 274
e-mail as long as a person remains delinquent. 275
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(d) Disclosures must be received by the commission not 276
later than 11:59 5 p.m. of the due date. However, any disclosure 277
that is postmarked by the United States Postal Service by 278
midnight of the due date is deemed to have been filed in a 279
timely manner, and a certificate of mailing obtained from and 280
dated by the United States Postal Service at the time of the 281
mailing, or a receipt from an established courier compa ny which 282
bears a date on or before the due date, constitutes proof of 283
mailing in a timely manner. Beginning January 1, 2023, upon 284
request of the filer, the commission must provide verification 285
to the filer that the commission has received the filed 286
disclosure. 287
(e) Beginning January 1, 2023, a written declaration, as 288
provided for under s. 92.525(2), accompanied by an electronic 289
signature satisfies the requirement that the disclosure be 290
sworn. 291
(f) Any person who is required to file full and public 292
disclosure of financial interests and whose name is on the 293
commission's list, and to whom notice has been sent, but who 294
fails to timely file is assessed a fine of $25 per day for each 295
day late up to a maximum of $1,500; however this $1,500 296
limitation on automatic fines does not limit the civil penalty 297
that may be imposed if the statement is filed more than 60 days 298
after the deadline and a complaint is filed, as provided in s. 299
112.324. The commission must provide by rule the grounds for 300
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waiving the fine and the pro cedures by which each person whose 301
name is on the list and who is determined to have not filed in a 302
timely manner will be notified of assessed fines and may appeal. 303
The rule must provide for and make specific that the amount of 304
the fine due is based upon w hen the disclosure is filed on the 305
electronic filing system created and maintained by the 306
commission as provided in s. 112.31446. the following: 307
1. The amount of the fine due is based upon the earliest 308
of the following: 309
a. When a statement is actually received by the office. 310
b. When the statement is postmarked. 311
c. When the certificate of mailing is dated. 312
d. When the receipt from an established courier company is 313
dated. 314
1.2. Upon receipt of the disclosure statement or upon 315
accrual of the maximum penalty, whichever occurs first, the 316
commission shall determine the amount of the fine which is due 317
and shall notify the delinquent person. The notice must include 318
an explanation of the appeal procedure under subparagraph 2. 3. 319
Such fine must be paid within 30 days after the notice of 320
payment due is transmitted, unless appeal is made to the 321
commission pursuant to subparagraph 2. 3. The moneys shall be 322
deposited into the General Revenu e Fund. 323
2.3. Any reporting person may appeal or dispute a fine, 324
based upon unusual circumstances surrounding the failure to file 325
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on the designated due date, and may request and is entitled to a 326
hearing before the commission, which may waive the fine in w hole 327
or in part for good cause shown. Any such request must be in 328
writing and received by the commission within 30 days after the 329
notice of payment due is transmitted. In such a case, the 330
reporting person must, within the 30 -day period, notify the 331
person designated to review the timeliness of reports in writing 332
of his or her intention to bring the matter before the 333
commission. For purposes of this subparagraph, "unusual 334
circumstances" does not include the failure to monitor an e -mail 335
account or failure to r eceive notice if the person has not 336
notified the commission of a change in his or her e -mail 337
address. 338
(g) Any person subject to the annual filing of full and 339
public disclosure under s. 8, Art. II of the State Constitution, 340
or other state law, whose name is not on the commission's list 341
of persons required to file full and public disclosure is not 342
subject to the fines or penalties provided in this part for 343
failure to file full and public disclosure in any year in which 344
the omission occurred, but nevertheles s is required to file the 345
disclosure statement. 346
(h) The notification requirements and fines of this 347
subsection do not apply to candidates or to the first filing 348
required of any person appointed to elective constitutional 349
office or other position required to file full and public 350
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disclosure, unless the person's name is on the commission's 351
notification list and the person received notification from the 352
commission. The appointing official shall notify such newly 353
appointed person of the obligation to file full and public 354
disclosure by July 1. The notification requirements and fines of 355
this subsection do not apply to the final filing provided for in 356
subsection (10). 357
(i) Notwithstanding any provision of chapter 120, any fine 358
imposed under this subsection which is not waived by final order 359
of the commission and which remains unpaid more than 60 days 360
after the notice of payment due or more than 60 days after the 361
commission renders a final order on the appeal must be submitted 362
to the Department of Financial Service s as a claim, debt, or 363
other obligation owed to the state, and the department shall 364
assign the collection of such fine to a collection agent as 365
provided in s. 17.20. 366
(10) Each person required to file full and public 367
disclosure of financial interests shal l file a final disclosure 368
statement within 60 days after leaving his or her public 369
position for the period between January 1 of the year in which 370
the person leaves and the last day of office or employment, 371
unless within the 60 -day period the person takes a nother public 372
position requiring financial disclosure under s. 8, Art. II of 373
the State Constitution, or is otherwise required to file full 374
and public disclosure for the final disclosure period. The head 375
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of the agency of each person required to file full an d public 376
disclosure for the final disclosure period shall notify such 377
persons of their obligation to file the final disclosure and may 378
designate a person to be responsible for the notification 379
requirements of this subsection. When an elected local officer 380
specified in paragraph (1)(d) leaves office before the 381
expiration of his or her term, the person appointed to replace 382
such officer for the remainder of that term must file a full and 383
public disclosure of financial interests annually thereafter for 384
the remainder of his or her term in office. 385
Section 4. Subsections (4) and (5) are added to section 386
112.31445, Florida Statutes, to read: 387
112.31445 Electronic filing system; full and public 388
disclosure of financial interests. — 389
(4) The commission shall publi sh a notice on the 390
electronic filing system instructing filers to redact a social 391
security number; a bank, mortgage, or brokerage account number; 392
a debit, charge, or credit card number; a personal 393
identification number; or a taxpayer identification number in 394
their filings. 395
(5) The electronic filing system must allow a filer to 396
include attachments or other supporting documentation when 397
submitting a disclosure through the system. 398
Section 5. Paragraph (f) is added to subsection (2) of 399
section 112.31446, Florida Statutes, to read: 400
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112.31446 Electronic filing system for financial 401
disclosure.— 402
(2) By January 1, 2022, the commission shall procure and 403
test an electronic filing system. At a minimum, the electronic 404
filing system must: 405
(f) Allow a filer to include attachments or other 406
supporting documentation when submitting a disclosure or a 407
statement through the system. 408
Section 6. Notwithstanding the expiration date in section 409
95 of chapter 2022-157, Laws of Florida, paragraphs (b) and (e) 410
of subsection (2), paragraphs (a) and (c) of subsection (4), and 411
subsections (6) and (8) of section 112.3145, Florida Statutes, 412
are reenacted and amended to read: 413
112.3145 Disclosure of financial interests and clients 414
represented before agencies. — 415
(2) 416
(b) Each state or local officer , except local officers 417
specified in s. 112.3144(1)(d), and each specified state 418
employee shall file a statement of financial interests no later 419
than July 1 of each year. Each state officer, local officer, and 420
specified state employee s hall file a final statement of 421
financial interests within 60 days after leaving his or her 422
public position for the period between January 1 of the year in 423
which the person leaves and the last day of office or 424
employment, unless within the 60 -day period the person takes 425
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another public position requiring financial disclosure under 426
this section or s. 8, Art. II of the State Constitution or 427
otherwise is required to file full and public disclosure or a 428
statement of financial interests for the final disclosure 429
period. Each state or local officer who is appointed and each 430
specified state employee who is employed shall file a statement 431
of financial interests within 30 days after from the date of 432
appointment or, in the case of a specified state employee, from 433
the date on which the employment begins, except that any person 434
whose appointment is subject to confirmation by the Senate shall 435
file before prior to confirmation hearings or within 30 days 436
after from the date of appointment, whichever comes first. 437
(e) Beginning January 1, 2024, a statement of financial 438
interests, and a final statement of financial interests and any 439
amendments thereto, or any other form required by this section, 440
except any statement of a candidate who is not subject to an 441
annual filing requireme nt, must be filed electronically through 442
an electronic filing system created and maintained by the 443
commission as provided in s. 112.31446. 444
(4)(a) Beginning January 1, 2024, A filer may not include 445
in a filing to the commission a federal income tax return or a 446
copy of thereof; a social security number; a bank, mortgage, or 447
brokerage account number; a debit, charge, or credit card 448
number; a personal identification number; or a taxpayer 449
identification number. If a filer includes such information in 450
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his or her filing, the information may be made available as part 451
of the official records of the commission available for public 452
inspection and copying unless redaction is requested by the 453
filer. The commission is not liable for the release of social 454
security numbers, bank account numbers, or debit, charge, or 455
credit card numbers included in a filing to the commission if 456
the filer has not requested redaction of the information. 457
(c) The commission must conspicuously post a notice, in 458
substantially the following form , in the instructions for the 459
electronic filing system specifying that: 460
1. Any filer submitting information through the electronic 461
filing system may not include a federal income tax return or a 462
copy thereof; a social security number; a bank, mortgage, or 463
brokerage account number; a debit, charge, or credit card 464
number; a personal identification number; or a taxpayer 465
identification number in any filing unless required by law. 466
2. Information submitted through the electronic filing 467
system may be open to pu blic inspection and copying. 468
3. Any filer has a right to request that the commission 469
redact from his or her filing any social security number ;, bank 470
account number;, or debit, charge, or credit card number 471
contained in the filing. Such request must be ma de in writing 472
and delivered to the commission. The request must specify the 473
information to be redacted and the specific section or sections 474
of the disclosure in which it was included. 475
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(6) Each elected constitutional officer, state officer, 476
local officer, and specified state employee shall file a 477
quarterly report of the names of clients represented for a fee 478
or commission, except for appearances in ministerial matters, 479
before agencies at his or her level of government. For the 480
purposes of this part, agenci es of government shall be 481
classified as state-level agencies or agencies below state 482
level. Each local officer shall file such report with the 483
supervisor of elections of the county in which the officer is 484
principally employed or is a resident. Each state officer, 485
elected constitutional officer, and specified state employee 486
shall file such report with the commission. Beginning January 1, 487
2024, each local officer shall file such report with the 488
commission. The report must shall be filed only when a 489
reportable representation is made during the calendar quarter 490
and must shall be filed no later than the last day of each 491
calendar quarter, for the previous calendar quarter. 492
Representation before any agency shall be deemed to include 493
representation by such officer o r specified state employee or by 494
any partner or associate of the professional firm of which he or 495
she is a member and of which he or she has actual knowledge. For 496
the purposes of this subsection, the term "representation before 497
any agency" does not include appearances before any court or the 498
Deputy Chief Judge of Compensation Claims or judges of 499
compensation claims or representations on behalf of one's agency 500
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in one's official capacity. Such term does not include the 501
preparation and filing of forms and appl ications merely for the 502
purpose of obtaining or transferring a license based on a quota 503
or a franchise of such agency or a license or operation permit 504
to engage in a profession, business, or occupation, so long as 505
the issuance or granting of such license, permit, or transfer 506
does not require substantial discretion, a variance, a special 507
consideration, or a certificate of public convenience and 508
necessity. 509
(8) Beginning January 1, 2024, forms for compliance with 510
the disclosure requirements of this section a nd a current list 511
of persons subject to disclosure must shall be created by the 512
commission. The commission shall allow a filer to include 513
attachments or other supporting documentation when filing a 514
disclosure. Beginning January 1, 2024, and provided to each 515
supervisor of elections. the commission and each supervisor of 516
elections shall give notice of disclosure deadlines , and 517
delinquencies, and instructions distribute forms in the 518
following manner: 519
(a)1. Not later than May 1 of each year, the commission 520
shall prepare a current list of the names, e -mail addresses, and 521
physical addresses of, and the offices or positions held by, 522
every state officer, local officer, and specified employee. Each 523
unit of government shall assist the commission in compiling the 524
list by providing to the commission not later than February 1 of 525
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
each year the name, e -mail address, physical address, and name 526
of agency of, and the office or position held by, each state 527
officer, local officer, or specified state employee within the 528
respective unit of government as of December 31 of the preceding 529
year. 530
(b) The commission shall notify by e -mail, not later than 531
June 1 of each year, each person required to file a statement of 532
financial interests under subsection (3) of all of the 533
following: 534
1. Applicable filing deadlines for completing and filing 535
the statement on the electronic filing system. 536
2. Instructions on how to complete and file the statement 537
on the electronic filing system, or how to access such 538
instructions. 539
540
Beginning January 1, 2024, paper forms may not be provided and 541
each person required to file a statement of financial interests 542
must complete and file such statement on the electronic filing 543
system pursuant to paragraph (2) (e). 544
2. Not later than May 15 of each year, the commission 545
shall provide each supervisor of elections with a current list 546
of all local officers required to file with such supervisor of 547
elections. 548
(b) Not later than June 1 of each year, the commission a nd 549
each supervisor of elections, as appropriate, shall distribute a 550
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copy of the form prescribed for compliance with subsection (3) 551
and a notice of all applicable disclosure forms and filing 552
deadlines to each person required to file a statement of 553
financial interests. Beginning January 1, 2024, no paper forms 554
will be provided. The notice required under this paragraph and 555
instructions for electronic submission must be delivered by e -556
mail. 557
(c) Not later than August 1 of each year, the commission 558
and each supervisor of elections shall determine which persons 559
required to file a statement of financial interests in their 560
respective offices have failed to do so and shall send 561
delinquency notices to these persons. Through December 31, 2023, 562
delinquency notices must be sent by certified mail, return 563
receipt requested. Each notice must state that a grace period is 564
in effect until September 1 of the current year; that no 565
investigative or disciplinary action based upon the delinquency 566
will be taken by the agency head or commission if the statement 567
is filed by September 1 of the current year; that, if the 568
statement is not filed by September 1 of the current year, a 569
fine of $25 for each day late will be imposed, up to a maximum 570
penalty of $1,500; for notices distributed by a supervisor of 571
elections, that he or she is required by law to notify the 572
commission of the delinquency; and that, if upon the filing of a 573
sworn complaint the commission finds that the person has failed 574
to timely file the statement within 60 days after S eptember 1 of 575
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the current year, such person will also be subject to the 576
penalties provided in s. 112.317. Beginning January 1, 2024, 577
notice required under this paragraph must be delivered by e -mail 578
and must be redelivered on a weekly basis by e -mail as long as 579
the person remains delinquent. 580
(d) Beginning January 1, 2024, disclosure statements 581
required to be filed with the commission must be filed by 11:59 582
p.m. on the due date using the commission's electronic filing 583
system as provided in s. 112.31446. 584
(d) No later than November 15 of each year, the supervisor 585
of elections in each county shall certify to the commission a 586
list of the names and addresses of, and the offices or positions 587
held by, all persons who have failed to timely file the required 588
statements of financial interests. The certification must 589
include the earliest of the dates described in subparagraph 590
(g)1. The certification shall be on a form prescribed by the 591
commission and shall indicate whether the supervisor of 592
elections has provided the disclosure forms and notice as 593
required by this subsection to all persons named on the 594
delinquency list. 595
(e) Statements must be received by the commission not 596
later than 5 p.m. of the due date. However, any statement that 597
is postmarked by the United Sta tes Postal Service by midnight of 598
the due date is deemed to have been filed in a timely manner, 599
and a certificate of mailing obtained from and dated by the 600
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United States Postal Service at the time of the mailing, or a 601
receipt from an established courier co mpany which bears a date 602
on or before the due date, constitutes proof of mailing in a 603
timely manner. Beginning January 1, 2023, upon request of the 604
filer, the commission must provide verification to the filer 605
that the commission has received the filed stat ement. 606
(e)(f) Beginning January 1, 2023, the statement must be 607
accompanied by a declaration as provided in s. 92.525(2) and an 608
electronic acknowledgment thereof. 609
(f)(g) Any person who is required to file a statement of 610
financial interests and whose name is on the commission's list, 611
and to whom notice has been sent, but who fails to timely file 612
is assessed a fine of $25 per day for each day late up to a 613
maximum of $1,500; however, this $1,500 limitation on automatic 614
fines does not limit the civil penalty that may be imposed if 615
the statement is filed more than 60 days after the deadline and 616
a complaint is filed, as provided in s. 112.324. The commission 617
must provide by rule the grounds for waiving the fine and 618
procedures by which each person whose name is on the list and 619
who is determined to have not filed in a timely manner will be 620
notified of assessed fines and may appeal. The rule must provide 621
for and make specific that the amount of the fine is based upon 622
the date and time that the disclosure is filed o n the electronic 623
filing system as provided in s. 112.31446. the following: 624
1. Beginning January 1, 2024, The amount of the fine due is 625
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based upon the earliest of the following: 626
a. When a statement is actually received by the office. 627
b. When the statement is postmarked. 628
c. When the certificate of mailing is dated. 629
d. When the receipt from an established courier company is 630
dated. 631
2. for a specified state employee , or a state officer, or 632
local officer, upon receipt of the disclosure statement by the 633
commission or upon accrual of the maximum penalty, whichever 634
occurs first, and for a local officer upon receipt by the 635
commission of the certification from the local officer's 636
supervisor of elections pursuant to paragraph (d), the 637
commission shall determi ne the amount of the fine which is due 638
and shall notify the delinquent person. The notice must include 639
an explanation of the appeal procedure under subparagraph 2. 3. 640
The fine must be paid within 30 days after the notice of payment 641
due is transmitted, unle ss appeal is made to the commission 642
pursuant to subparagraph 2. 3. The moneys are to be deposited 643
into the General Revenue Fund. 644
2.3. Any reporting person may appeal or dispute a fine, 645
based upon unusual circumstances surrounding the failure to file 646
on the designated due date, and may request and is entitled to a 647
hearing before the commission, which may waive the fine in whole 648
or in part for good cause shown. Any such request must be in 649
writing and received by the commission within 30 days after the 650
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notice of payment due is transmitted. In such a case, the 651
reporting person must, within the 30 -day period, notify the 652
person designated to review the timeliness of reports in writing 653
of his or her intention to bring the matter before the 654
commission. For purpose s of this subparagraph, the term "unusual 655
circumstances" does not include the failure to monitor an e -mail 656
account or failure to receive notice if the person has not 657
notified the commission of a change in his or her e -mail 658
address. 659
(g)(h) Any state officer, local officer, or specified 660
employee whose name is not on the list of persons required to 661
file an annual statement of financial interests is not subject 662
to the penalties provided in s. 112.317 or the fine provided in 663
this section for failure to timely file a statement of financial 664
interests in any year in which the omission occurred, but 665
nevertheless is required to file the disclosure statement. 666
(h)(i) The notification requirements and fines of this 667
subsection do not apply to candidates or to the firs t or final 668
filing required of any state officer, specified employee, or 669
local officer as provided in paragraph (2)(b). 670
(i)(j) Notwithstanding any provision of chapter 120, any 671
fine imposed under this subsection which is not waived by final 672
order of the commission and which remains unpaid more than 60 673
days after the notice of payment due or more than 60 days after 674
the commission renders a final order on the appeal must be 675
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submitted to the Department of Financial Services as a claim, 676
debt, or other obligati on owed to the state, and the department 677
shall assign the collection of such a fine to a collection agent 678
as provided in s. 17.20. 679
Section 7. Subsection (1) of section 112.317, Florida 680
Statutes, is amended to read: 681
112.317 Penalties.— 682
(1) Any violation of this part, including, but not limited 683
to, failure to file disclosures required by this part or 684
violation of any standard of conduct imposed by this part, or 685
any violation of s. 8, Art. II of the State Constitution, in 686
addition to any criminal penalty or other civil penalty 687
involved, under applicable constitutional and statutory 688
procedures, constitutes grounds for, and may be punished by, one 689
or more of the following: 690
(a) In the case of a public officer: 691
1. Impeachment. 692
2. Removal from off ice. 693
3. Suspension from office. 694
4. Public censure and reprimand. 695
5. Forfeiture of no more than one -third of his or her 696
salary per month for no more than 12 months. 697
6. A civil penalty not to exceed $20,000 $10,000. 698
7. Restitution of any pecuniary benefits received because 699
of the violation committed. The commission may recommend that 700
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the restitution penalty be paid to the agency of which the 701
public officer was a member or to the General Revenue Fund. 702
(b) In the case of an employee or a person designated as a 703
public officer by this part who otherwise would be deemed to be 704
an employee: 705
1. Dismissal from employment. 706
2. Suspension from employment for not more than 90 days 707
without pay. 708
3. Demotion. 709
4. Reduction in his or her salary level. 710
5. Forfeiture of no more than one -third salary per month 711
for no more than 12 months. 712
6. A civil penalty not to exceed $20,000 $10,000. 713
7. Restitution of any pecuniary benefits received because 714
of the violation committed. Th e commission may recommend that 715
the restitution penalty be paid to the agency by which the 716
public employee was employed, or of which the officer was deemed 717
to be an employee, or to the General Revenue Fund. 718
8. Public censure and reprimand. 719
(c) In the case of a candidate who violates this part or 720
s. 8(a) and (i), Art. II of the State Constitution: 721
1. Disqualification from being on the ballot. 722
2. Public censure. 723
3. Reprimand. 724
4. A civil penalty not to exceed $20,000 $10,000. 725
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(d) In the case of a former public officer or employee who 726
has violated a provision applicable to former officers or 727
employees or whose violation occurred before the officer's or 728
employee's leaving public office or employment: 729
1. Public censure and reprimand. 730
2. A civil penalty not to exceed $20,000 $10,000. 731
3. Restitution of any pecuniary benefits received because 732
of the violation committed. The commission may recommend that 733
the restitution penalty be paid to the agency of the public 734
officer or employee or to the Genera l Revenue Fund. 735
(e) In the case of a person who is subject to the 736
standards of this part, other than a lobbyist or lobbying firm 737
under s. 112.3215 for a violation of s. 112.3215, but who is not 738
a public officer or employee: 739
1. Public censure and reprim and. 740
2. A civil penalty not to exceed $20,000 $10,000. 741
3. Restitution of any pecuniary benefits received because 742
of the violation committed. The commission may recommend that 743
the restitution penalty be paid to the agency of the person or 744
to the General Revenue Fund. 745
Section 8. Paragraph (d) of subsection (8) of section 746
112.3215, Florida Statutes, is redesignated as paragraph (e), 747
paragraph (c) of that subsection and subsection (9) are amended, 748
and a new paragraph (d) is added to subsection (8), to r ead: 749
112.3215 Lobbying before the executive branch or the 750
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Constitution Revision Commission; registration and reporting; 751
investigation by commission. — 752
(8) 753
(c) The commission shall investigate any lobbying firm, 754
lobbyist, principal, agency, officer, or employee upon receipt 755
of information from a sworn complaint or from a random audit of 756
lobbying reports indicating that the entity or person has 757
intentionally failed to disclose any material fact or has 758
knowingly submitted false information in any report re quired by 759
this section or by rules adopted pursuant to this section a 760
possible violation other than a late -filed report. 761
(d) Notwithstanding paragraphs (a), (b), and (c), the 762
commission may dismiss any complaint or investigation resulting 763
from a random audit of lobbying reports at any stage of 764
disposition if the commission determines that the public 765
interest is not served by proceeding further, in which case the 766
commission must issue a public report stating with particularity 767
its reasons for the dismissa l. 768
(9) If the commission finds no probable cause to believe 769
that a violation of this section occurred, it must shall dismiss 770
the complaint, whereupon the complaint, together with a written 771
statement of the findings of the investigation and a summary of 772
the facts, becomes shall become a matter of public record, and 773
the commission must shall send a copy of the complaint, 774
findings, and summary to the complainant and the alleged 775
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violator. If, after investigating information from a random 776
audit of lobbying rep orts, the commission finds no probable 777
cause to believe that a violation of this section occurred, a 778
written statement of the findings of the investigation and a 779
summary of the facts becomes shall become a matter of public 780
record, and the commission must shall send a copy of the 781
findings and summary to the alleged violator. If the commission 782
finds probable cause to believe that a violation occurred, it 783
must shall report the results of its investigation to the 784
Governor and Cabinet and send a copy of the repo rt to the 785
alleged violator by certified mail. Such notification and all 786
documents made or received in the disposition of the complaint 787
shall then become public records. Upon a request submitted to 788
the Governor and Cabinet in writing, any person whom the 789
commission finds probable cause to believe has violated any 790
provision of this section shall be entitled to a public hearing. 791
Such person shall be deemed to have waived the right to a public 792
hearing if the request is not received within 14 days following 793
the mailing of the probable cause notification. However, the 794
Governor and Cabinet may on its own motion require a public 795
hearing and may conduct such further investigation as it deems 796
necessary. 797
Section 9. Paragraph (a) of subsection (11) of section 798
112.324, Florida Statutes, is amended to read: 799
112.324 Procedures on complaints of violations and 800
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referrals; public records and meeting exemptions. — 801
(11)(a) Notwithstanding subsections (1) -(8), the 802
commission may dismiss any complaint or referral at any stag e of 803
disposition if it determines that the violation that is alleged 804
or has occurred is a de minimis violation attributable to 805
inadvertent or unintentional error. In determining whether a 806
violation was de minimis, the commission shall consider whether 807
the interests of the public were protected despite the 808
violation. This subsection does not apply to complaints or 809
referrals pursuant to ss. 112.3144 and 112.3145. 810
Section 10. Upon this act becoming a law, the Commission 811
on Ethics shall, as necessary, revi se the commission's financial 812
disclosure forms and instructions and any related rules to 813
conform to this act. Any such revisions to disclosure forms and 814
instructions pertaining to the 2022 filing year shall be exempt 815
from the requirements of chapter 120, F lorida Statutes. 816
Section 11. This act shall take effect upon becoming a 817
law. 818